Reasons Why You Don’t Want To File A Summary Dissolution In California Divorce
Hi! Tim Blankenship here, owner of divorce661.com.
Today I wanted to talk to you about why you shouldn’t use a summary dissolution.
A summary dissolution is a divorce process where the courts allow you to go through the process and what they say is a much simpler way. You can’t have a lot of assets, you can’t have a lot of debts and there are a lot of other restrictions on using a summary dissolution.
The problem with the summary dissolution is this – it is a joint petition. What that means is both of you are considered the petitioner.
On the joint petitioner for summary dissolution form, because it is a joint petition, both of you (you and your spouse), have to pay a filing fee. That’s not the case in a, say, a hybrid divorce or in a true default case for only one part pays a filing fee. So the court says that this is an easier process going through the summary dissolution process but it’s twice as expensive.
In a court filing fee in LA County for instance, it’s $435. If you were to file a true default case, you’d be paying $435 to get divorced. On a summary case, both of you are going to have to pay the $435, so it doubles your cost. So while they say it is simpler, which it’s not, it is twice as expensive to do a summary dissolution as it is a regular dissolution.
Because of the restrictions on the summary dissolution, many people won’t qualify to begin with. And in fact, I have to be honest with you, I prepare divorce cases every day, that’s what we do as a specialty, and the summary divorce process, I think, is more complicated than going through a regular divorce proceeding.
The summary dissolution says there are all these benefits as far as staying out of court, not having to fill out other paperwork. But you’re doing so much other forms; you’re doing the entire financial analysis, essentially trying to prove to the court that you qualify for the summary dissolution. So it’s actually a more complicated and more costly process.
I don’t recommend anyone do the summary dissolution except for one reason, if both of you qualify for a fee waiver. Which means if you qualify for a fee waiver, neither of you will have to pay a filing fee. That’d make more sense for you to do this because neither of you will have to pay a filing fee, therefore, it’s free.
Now this is the case, whether you do a summary dissolution or whether you do a regular dissolution, it’s just a matter of what you’re more comfortable, doing the summary or, say, true default or hybrid style case.
This is Tim Blankenship with divorce661.com.
These are the reasons why we don’t suggest people use the summary dissolution even if you think you qualify.
Give me a call; we do handle divorce cases all throughout California.
If you want some more information on summary dissolution and why doing a hybrid or a true default case maybe in your best interest. Please give me a call; you can reach me direct at 661-281-0266.